Combing through old minutes

Started by CharlesG4 • 6 replies • 1667 views

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CharlesG4 (Florida)
Posts: 2

Posted:

We have a situation with our HOA where several homeowners are questioning where the motion and vote was for a few expenses back in 2012. Specifically aimed at the HOA President. They are stating he did not take the board into consideration and let them vote on the project. The minutes do not reflect a vote, but it seems that the board was given updates on the status of these projects from several other board members and the property manager throughout the whole year. It updates go all the way from the design, permitting, and finally commencement.

My question is; In the absence of a actual recorded vote (not sure if a vote happened or not), does a years worth of updates show that a vote must have occurred? You would think that if the board was given updates on a project that they would at least question, how much and who is doing the work?

Thanks for any input you can provide.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Charles,

You are now learning the reason to have good minutes. The minutes of meetings are the official record of what happened. If things were not recorded in the minutes properly, it becomes an issue of I say, you say.

A years worth of updates shows that the Board seemed ok how things were going. However, that is not the same as saying a vote actually occurred. It may simply mean that nobody objected.

AnnH5 (Florida)
Posts: 304

Posted:

Quote:

Posted By CharlesG4 on 07/28/2014 1:15 PM
We have a situation with our HOA where several homeowners are questioning where the motion and vote was for a few expenses back in 2012. Specifically aimed at the HOA President. They are stating he did not take the board into consideration and let them vote on the project. The minutes do not reflect a vote, but it seems that the board was given updates on the status of these projects from several other board members and the property manager throughout the whole year. It updates go all the way from the design, permitting, and finally commencement.

My question is; In the absence of a actual recorded vote (not sure if a vote happened or not), does a years worth of updates show that a vote must have occurred? You would think that if the board was given updates on a project that they would at least question, how much and who is doing the work?

Thanks for any input you can provide.

What kinds of "projects"? Do the discussions (and possibly votes) for these "projects" go prior to 2012? Anyone on a Board can make create a proposal and present it to the Board but before a "project" can commence (especially if it involves the funds of the HOA), the Board would need to formally approve the "project".

It is possible that a previous Board placated a member by listening to a proposal and subsequent updates without being serious about committing to the proposal. Not only is it important to keep accurate minutes, it is also important to know the history. It never ceases to amaze me how our Association gets new Board members who rely on rumors and half-truths when it comes to such matters. Worse is when their minutes state something that isn't even close to what previously occurred (misinformation) and they base their decisions on such misinformation.

CharlesG4 (Florida)
Posts: 2

Posted:

One in particular was curbing installed along out main road. It was originally proposed in 2011 and put off until 2012. It was part of the approved annual budget for 2012. Beginning in march the minutes show updates about it being designed, meeting withbthe city and contractor, through permitting and finally starting the project towards the end of 2012. Hoa was not invoiced until 2013. The same board members have been here since 2008, some leftnin 2013.

The board was very relaxed. Sometimes they would actually record a vote and sometimes they wouldnt. The minutes are pretty much garbage for the last 4 to 5 years.

It just amazes me that a few of the people leading the charge against the president have been board members all these years and now they are saying, hey where was the vote? I think if updates were given throughout the year and you never objected, then why question it 2 years later.

Hopefully they will start keeping better minutes after this is over.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

If it was part of the approved budget, and the Board or membership approved the budget, an argument could easily be made that (regardless of the minutes not showing a vote) the work was approved to be done.

It would certainly have been better if the minutes showed the fact that there was a vote to award the contract to xyz. However, you have what you have.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By CharlesG4 on 07/28/2014 6:20 PM

One in particular was curbing installed along out main road. It was originally proposed in 2011 and put off until 2012. It was part of the approved annual budget for 2012. Beginning in march the minutes show updates about it being designed, meeting withbthe city and contractor, through permitting and finally starting the project towards the end of 2012. Hoa was not invoiced until 2013.

The board authorized the project by allocating money to make it happen. The president then made it happen; that's what executive officers are supposed to do. The president kept the board informed on what was happening and no one objected, not that it would have been prudent to start micro-managing the president in the middle of a construction project. I fail to see where anyone has reason to criticize the president regarding this matter.

AnnH5 (Florida)
Posts: 304

Posted:

If the proposal was made in 2011 and then the Board put money for the project into the budget for 2012 and the work was completed in 2012- you should have a record of a vote to approve the project in 2011. The parts I would be concerned about would be 1) the bids and bidding process. The Board should have put the job out for competitive bids AND 2) the Board's vote to select a bid and approve the contractor per vote. Without those things, it could look like something underhanded is going on.

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